Legal Opinion

Otway v. Snare & Triest Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 16, 1915PublishedCited by 1 opinion

Appeal by the defendant, Snare & Triest Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 17th day of April, 1914, upon the verdict of a jury for $3,750, and also from an order entered in said clerk’s office on the 15th day of April, 1914, denying the defendant’s motion for a new trial made upon the minutes.

1Per curiam

The negligence for which plaintiff recovered was that by a superintendent. The buckets in which the concrete was let down into the cofferdam dumped their contents upon being unlatched. But as some of the concrete would adhere it had been the practice to right and relatch the emptied bucket before hoisting it up. To save delay in the course of this work the superintendent changed the practice so established, and had directed that the emptied bucket be forthwith hoisted unlatched. This increased its tendency to swing. Plaintiff, who was standing on the crossbracing above the bucket, had not…

2Cases cited3 opinions

  1. McCherry v. Snare & Triest Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. McCherry v. . Snare and Triest CompanyNew York Court of Appeals · 1910
  3. McKenna v. Snare & Triest Co.Appellate Division of the Supreme Court of the State of New York · 1911

3Cited by1 opinion

  1. Berkey v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API